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JimLawyer, Solicitor

Category: Immigration Law

Satisfied Customers: 1564

Experience: Senior Associate Solicitor

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I am originally from Albania with a British Citizen Passport

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Good evening, I am originally from Albania with a British Citizen Passport which I have held for 9 years now. I went back to Albania where I got married 10 months ago, and now my wife is expecting she is 7 months pregnant. I came back to the U.K. around over a week ago, however, my wife came into the UK illegally around a week ago. I was wondering what the next steps would be? I am going to start working with the company I used to work with before - but I am unsure as to what to do with my wife’s situation so she is entitled to stay here and not go back. I didn’t apply for a spouse visa as I was worried where I stayed in a ALBANIA for a year I would not have met some of the requirements. Please could you advise on the next steps I take from here or I could take from here in order to get my wife registered. I have added her onto the council tax bills and the water bills for proof of address. Hope to hear from you soon. Regards.

Hello, thanks for the question.It is possible to apply from within the UK for your wife to stay.A discretionary leave application is just that: a person asks the Secretary of State to exercise her discretion in their favour so that they may remain in the UK. Once granted discretionary leave to remain, the person is lawful in the UK and may live here and work/study as any other lawful member of British society.A good discretionary leave application will seek to argue a person’s circumstances and backgrounds such as their age, length of residence in the UK, strength of connections within the UK, personal history including character, conduct and employment record, domestic circumstances, previous criminal record and nature of any offence for which a person has been convicted, compassionate circumstances and any representations received on the person’s behalf. The Home Office will consider whether the person has ties back in their native country of origin or the country where they would have to go to if returned, and also if this would affect any children of the family.Where an overstayer/illegal entrant has established a family life in the UK and they have a partner or children, then it will also be possible to argue that discretionary leave to remain is granted as it is in the ‘best interests of the child, which would be your case as your wife is 7 months pregnant .Therefore a case could be made to the Home Office arguing what is in the ‘best interests of the child’.Another issue which should be included in the application is to do with human rights.Many claims of discretionary leave may centre or rely predominantly around Article 8 of the Human Rights Act 1998. This article seeks to prohibit public authorities such as the Home Office from interfering in an individual’s right to private and family life. One of the most common grounds argued by a person is his rights under Article 8 of the Human Rights Act 1998 which provides that authorities must have respect for an individual’s private and family life. A public authority cannot intervene in an individual’s private or family life.It is worth instructing an immigration lawyer to make the application for your wife.Please give me a star rating so that I am credited by Just Answer and I can then offer unlimited and free of charge follow up Q&A’sKind regards,Jim

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